Apr-15-03
08:SGA
P.02
RECEIVED
BEFORE~T
I-IF
ILLINOIS POLLUTION CONTROL
BOARD
C’
PRK’S
OFFICE
KEII’H
RUNYON
I
APR
152003
Petitioner
-
SlATE
OF
ILLINOIS
PCB
03-135
Pollution
Control Board
v.
(Third-Party Pollution
Control
Facility Siting Appeal)
COUNTY
OF
KANKAKF.E,
COUNTY
BOARD OF
KANKAKEE, AND WASTE
Consolidated
with PCB 03-125, 03
MANAGEMENT OF ILLINOIS
133, 03-134
KEITH RUNYON’S RESPONSE
COUNTY
OF KANKAKEE
OB.WCTIONS TO HIS INTERROGATORIES.
With the exception to the County’s
reply to Interrogatory
No.
1.
Its
replies to
Runyon’s Interrogatories numbered
(2) two through(lO)nine are
non-responsive.
All Interrogatories are appropriate
to discover the communications,
as defined in
Rwiyon’s Interrogatory
petition,
consistent with his filing which alleges that The
County and Waste Management
failed to comply with the County’s
Solid Waste
Management plan and discovery of
the complete
information relating to
the Public
Comment statements entered into the Record by Lee Eddkman
of Wastc
Management,
on January
6,
2003
at approximately
l:S4 P.M.
and
filed with the
Kankakee County Clerk at the Office of the
County
Clerk.
A copy of said document
is attached.
Waste
Management
opened this avenue to discovery
by
its
filing of said Statement
in the Public Comment period
at such a time
as to provide no opportunity for
discovery or
cross examination.
To the extent that the County Board
or any of its
members,
employees, agents
and participated
in
the events described
in Mr.
Eddleinan’s
above
referenced
letter,
petitioner
seeks all information as
defined in
his
Interrogatories emanating from participation
is
said alleged activities.
RESPONSE TO COUNTY OF KANKAKEE’S
OBJECTIONS
TO
KEITH RUNYON’N 1NTERROGATORIES
INTERROGATORY
NO 2.
COUNTY OBJECFION:
Objection.
Interrogatory
No.
2 seeks
information
which is
irrelevant to
the
petition
filed by
Mr.
Keith Runyon.
Mr.
Runyon’s petition does not altege that the
County proceedings were in any
way unfair,
nor does it allege any
exparte
communication.
Apr-15-03
08:36A
P.03
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03 JAN -6
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WASTI
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January 6,2003
Mr. Bruce
Clark
County
Clerk
County of
Kankakee
-
189 East
Court Street
Kankakee, Illinois 60901
Dear
Mr.
Clark:
Waste
Management
of Illinois, Inc.
would
like
to
take
this opportunity
to
stipulate
the
following information
regarding
contact
with
property
owners surrounding
the
present
Kankakee
County
landfill and our proposed
expansion
of that
site.
During
the
recent
public
hearings
on
the
expansion of this
faci1it~Attorney
Kenneth
Bleyer
stated
that
Waste Management had made no
effort to communicate with area homeowners
to
inform
them
of
our expansion
plans
and offer
them
a forum
for citizen
input.
This
assertion
belies
the
facts
of
this
matter
and
I
offer
the
following
information
to
refute
this
erroneous
allegation.
My
initial
communication
efforts
began
in
March
of 2000
due
to
discussions
with
the
Hamilton family regarding reinstating property
options on parcels they owned
adj acent to
the present Kankakee County landfill.
Those exploratory discussions were
initiated with
the Hamilton’s
attorney. David Jaffe.
In 2001, those option discussions were expanded to
include
other
substantial
properties
owned
by
?vfrs.
Mehrer,
Mr.
Watson,
Mrs.
Dwan
(Agro
Farm
Management),
Mr.
Fager
and
Mr.
Flageole.
th
addition, discussions
with
individual single-family homeowners and
commercial enterprises were begun in. April
of
2001
and
continue until this
day.
More specificafly, every single
family domicile
within
1,500
feet
of the proposed
expansion has
received notice of our intent
to
provide
real
estate
and
well
water
protection
guarantees
if
we
are
successful
in
permitting
the
expansion of the
existing
site.
I also
offer
the
following information
to
substantiate my
efforts
regarding
communication
with
our
neighbors,
residents
of
Otto
Township
and
citizens of Kankakee County:
I have
had personal conversations
with
the majority of the homeowners
on
the
periphery of the
proposed
expansion.
(Please
see
the
attached
partial
list
of
those contacts.)
•
On
or
about
January
15,
2002,
I
conducted
an
evening
informational
presentation
for
all
of the
property
owners
on
7500
South
Rd.
and
1000
East
Road
at the home
of Mike and Elese Smith.
Seven neighboring families were
in
attendance.
Apr-15-03
08~5A
P.04
AFFIDAVIT OF SERVICE
The undersigned,
pursuant to the
provisions
of Secton
1-109
of the IllinoisCode of
Civil
Procedure, hereby under penalty perjury under the laws of the United States of
America, certifies
that on April
14y-03 was served
a copy
of the foregoing
was
served
upon via Facimile Transmission and by
letter:
Dorothy M. Gunu, Clerk
Illinois Pollution
Control Board
James P.. Thompson Center
100 West Randolph Street, Suite
11-500
Chicago. 1160601-3218
Attorney George Mueller
501
State Street
Ottawa, II 61350
815433
4705
Fax
815 422 4913
Donald J. Moran
Pertersan & Houpt
161
North Clark
Street, Suite
3100
Chicago,
11 60601-3242
312 261
2149
Fax 312 261 1149
Elizabeth Harvey, Esq.
Swanson,
Martin, & Bell
OneIBM Plaza, Suite
2900
330North Wabash
Chicago, 11
60611
312321
9100
Fax312 321 0990
Kenneth A Leshen
One
Dearborn
Square, Suite
550
Kankakee,
II. 60901
815 933 3385
Fax
933 3397
L. Patrick Power
956 North Fifth Avenue
Kankakee,
11
60901
8159376937
Fax
937 0056
Apr-15-03
0E4:37A
P.OE
IW.
WAS’S
MAMAfl.MKNT
•
Waste
Management
held
an
open
house
reception/presentation/tour
at
the
Kankakee County
landfill
on June
13, 2002
for all
of
our
neighbors surrounding
the
landfill
and
the proposed expansion.
Thirty individuals
attended this
event.
(Please see
the attached photographs.)
•
Waste
Management
sponsored
a
Fall
Festival
picnic
for residents
of Otto
on
November 2. 2002
at Rose
Perkins home.
Fifty adults
and
children
attended the
event as well as the Otto Township Fire Department.
•
I personally conducted
three
tours
of the
facility for
Otto
Township
and
the
Chebanse school system
in 2002.
•
Waste Management
has
paid
for advertisements
in the Kankakee Daily
Journal
and
the Herald
newspapers
explaining our intentions
to
expand
the
site.
Also,
our
expansion
efforts
have
been the topic of countless
newspaper articles
since
2001.
•
I have conducted numerous
interviews with radio
stations
WKAN
and
WVLI to
discuss this matter.
We have also
sponsored weather forecasts
and
salutations
to
local sports teams.
•
We
have made formal presentations
to
the Economic Development Council,
the
River
Valley Forum,
the
Kankakee
Chamber
of Commerce
and
the
Bradley!
Bourbonnais
Chamber of Commerce.
•
We’ve
met
with
the
County
Engineer’s
office,
the
Sheriff’s
Department,
the
County
Health
Department,
the
Otto
Township
Fire
Deparunent
and
the
Township Highway Commissioner.
•
We
even
participated
in
the
Kankakee
County
4H
livestock
auction
and
purchased
an
animal
raised
by
Todd
and
Coleen
Benjamin’s
son.
The
Benjamins
are
one of
our
neighbors at the existing landfill.
These statements
are a
true and
accurate representation ofWaste Management’s
efforts to
inform
and
elicit
comments
from
our
neighbors
and
other interested parties throughout
Kankakee County.
I personally engaged in these conversations,
made the
presentations,
conducted the open house, participated
in the
tours
and
formatted the advertisements that
I have described.
I am confident that Waste Management ofIllinois, thc.
has made every
possible effort to keep the community apprised of our intentions for this
facility.
Sincerely,
Le
Addleman
\rice President/Business Development
Waste Management of Illinois,
Tnc.
Apr-15-03
O$:37A
P.05
Ruby Sparenberg
875
E. 6000 5. Road
Chebanse,
IL 60922
Mrs.
Mehrer
487W. Chebanse Avenue
Chebarise, IL 60922
Todd Benjamin
768
E.
6000 S.
Road
Chebarise, IL 60922
E.
Ray Stanley
6563-A
S.
Rt. 45-52
Chebanse, IL
60922
Agro
Farm
Management
P.O.
Box 335
Osage, IA 50461
Cliff Schroeder
6725
S.
Rt. 45-52
Chebanse, IL 60922
Carlos Cooley
1250 North
Convent
Bourbonnais, IL
60914
Lelarid
Milk
6930
S.
Rt. 45-52
Chebanse, IL 60922
Elmer Fager
3304 West
6000
S.
Road
Chebanse, IL 60922
Joseph Culkin
7426 S.
St. 45-52
Chebarise, IL 60922
Albert
Cote
271
E. 7500
S.
Road
Chebanse, IL 60922
Doug
Flageole
427 E. 7500
S.
Road
Chebanse, IL 60922
Edwin Hamilton
P.O.
Box 426
Bourbonnais,
IL 60914
Pat Bueseher
600
E. 7500 South Road
Chebanse, (L 60922
Don
& Diane Macaluso
E. 7500 South Road
& 1000 East Road
Mike &
Elese
Smith
E. 7500 South
Road &
1000 East Road
Apr-15-03
0S:37A
P.07
PETITIONER’SRESPONSE :Petitioner alleges that the County
and the Applicant
act
ed collectively
to circumvent
the
County
Solid Waste Management Plan,
denying
the
public its
right to
participate
the site selection
process
for a Pollution Control
Facility,
as
called
for
in said
Solid
Waste
Plan.
Thus
criterion
eight was
not met.
Therefore all
communIcation
between
the two parties
is essential.
INTERRO(;ATORY NO.
3-COUNTY
OBJECTION:
Objection. Interrogatory
No.3
seeks
information
which
is irrelevant
to
the
petition flied
by
Mr. Keith Runyon.
Mr.
Runyon’s petition does not allege that the
Couniy proceedings were in any way unfair,
nor does
it allege any a
pane
communication.
PETITIONER’S RESPONSE
:
Petitioner alleges that the County
and
the
Applicant act
ed collectively to
circumvent the
County Solid Waste Management Plan, denying the
public its
right
to participate the site selection process for
a Pollution Control
Facility, as
called for in
said
Solid
Waste Plan.
Thus criterion eight was
not
met.
Iherefore
all
communication
between
the two
parties is essential
INTERROGATORY
NO. 4~COUNTY
OBJECT1ON:
Objection,
Interrogatory No. 2
seeks information which
is irrelevant to the petition flied by Mr.
Keith Runyon.
Mr.
Runyon’s pctition
does not allege
that the
County proceedings
were
in any
way
unfair,
nor does
it
allege any
expurle
communication.
PETITIONER’S RESPONSE:
Petitioner alleges
that
the
County and the Applicant
act
ed collectively
to circumvent the County
Solid Waste
Managcmcnt Plan, denying
ihe
public
its right
to
participate
the site selection process for
a Pollution Control
Facility, as
called for
in said
Solid Waste Plan.
Thus criterion eight
was not met.
Therefore all
comnlutucacion between the
two parties
is essential
INTERROGATORY NO. 5.-COUNTY OBJECTION:
Objection,
Interrogatory
No.
2
seeks
information which
is irrelevant to
the petition filed by Mr.
Keith Runyon.
Mr.
Runyon’s petition does not allege that the County proceedings
were
in
any way
unfair,
nor does
it allege any
exparte
communication.
PETITIONERS
RESPONSE:
Information
being sought
here
goes to Petitioner’s
contention that the County
and
the
Applicant collectivcly acted to site
a facility without
the participation of the public
in the site selection process contrary to the requirement
o
the County
Solid Waste Plan
to involve
the public in
the site selection
process.
INTERROGATORY
NO. 6-COUNTY OBJECTiON:
Objection.
Interrogatory
No.6
seeks information
which is beyond
the scope of discovery
under section4O.l
hearing.
No
discovery is allowed
on
any
issue except fundamental fairness.
To the
extent this
interrogatory seeks information concerning Criteria
vii,
all
of’ relied upon
by the County
Board is contained within the record.
PETITIONER’S
RESPONSE:
Since there
is no
information
in
the record, that would
prove that
the proposed facility
is
not located
in
whole
or in part over
a major Kankakee
Apr-15-03
OS:37A
P.08
County Aquifer, and the
County
is unable
to produce
any
proof to the contrary,
it
is
obvious
that
the proposed facility is. in contradiction of the County Solid Waste
Management
Plan, which prohibits
siting
a Pollution
Control Facility
over a major
aquifer.
INTERROGATORY
NO. 7.COUNTY OBJECTION: Objection.
Interrogatory
No.
7
seeks information which is beyond the
scope
of discovery under section4O.l
hearing.
No
discovery is allowed
on any
issue except fundamental fairness.
To
the extent this
interrogatory seeks information
concerning
Criteria
vii. all
of relied
upon
by the County
Board is contained within the record.
FErITIONFS’SBF:spON.sE;
This Interrogatory seeks information which indicted the
completed or
the incompleteness of the Host Fee
Agreement
and goes
to
Petitioner’s
contention that thc
County did not have
a
valid Host Fee Agreement. as required by
the
County Solid Waste
Management plan requirement to
have an approved Host
Fee
Agreement
prior to the siting of
a
Facility.
INTERROGATORY NO
8.-COUNTY OBThCTION~Objection.
Interrogatory No.8
seeks information
which is beyond the
scope
of discovery
under section4fl.l
hearing.
No
discovery is allowed on
any
issue except
fundamental
fairness.
To the extent this
interrogatory seeks information
concerning Criteria
vii. all
of relied upon
by the
County
Board
is contained within
the record.
PETITIONERS
RESPONSE:
This information
is needed
to
verify
the validity of the
Float Fee Agreement as entered
into the hearing record.
If there is no record of a letter of
extension written
and approved by
the County Board and
Received by WMII.
then there
was no valid
Host Fee Agreement in
place at
the time of siting of the proposed Facility.
This is in total contradiction
to the County Solid Waste Management Plan which
requires
that
a
valid
Host
Fee Agreement must be adopted before
siting
a
landfill.
INTERROGATORY NO. 9-COUNfl
OBJECflON
Objection.
Interrogatory
No.
9
seeks information
which
is
beyond
the
scope of dseovery uiidcr scction4O. 1
hearing.
No
discovery is allowed
on any
issue except fundamental
fairness.
To the
extent this
interrogatory
seeks information concerning Criteria
Vii,
all of the information relied upon
by the
County Board is contained within the record.
PET1TONEK’S
RESPONSE:
PErTIONIER CONCEDES
THIS
INTERROGATORY.
INTERROGATORY NO. 10-COUNTY
RESPONSE:
‘lie
County
of
Kankakee does
not intend to
call
any
witnesses
except those necessary for rebuttal
purposes,
whose
identifies (sic) will
be determined at.
and during
the hearing.
PETiTIONER’S
RESPONSE:
Should
he
quite evident
from
the Interogatories what
documents the County will
he using in
rebuttal testimony.
It does not scent burdensome
to produce said documents
as per the various Interrogatories.
Apr-15-03
Oa:38A
April
15th2003
Keith L.
Runyon.
1165 Plum Creek
Drive
Bourhonnias, II.
60914
815 937 9838
Respectfully Submitted
Keith
Runyon, On
behalf of himself.
P.09
Apr-15-03
08:38A
P.10
AFFIDAVIT
OF SERVICE
‘he
undersigned, pursuant to the
provisions of Secton
1-109
oF
the Illinois
Code of
Civil
Procedure, hereby
under penalty perjury
under the laws of the
United
States
of
America, certifies
that on
April
15,03
was
served
a copy of the foregoing was served
upon
via Faciniile Transmission and by letter:
Dorothy M.
Gunu, Clerk
Illinois
Pollution
Control
Board
James
R. Thompson Center
100
West
Randolph
Street,
Suite
11-500
Chicago, Ii
60601-3218
Attorney Georgc
Mueller
501
State Street
Ottawa. II 61350
815433
4705
Fax 815 422 4913
Donald J.
Moran
Perterson
&
Houpt
161
North Clark
Street, Suite
:3100
Chicago. II
60601-3242
312261
2149
Fax
312 261
1149
Elizabeth
Harvey, Esq.
Swanson. Marlin,
& Bell
One IBM Plaza. Suite 2900
330 North Wabash
Chicago,
1160611
312321 9100
Fax
3 12 321
0990
KennethA Leshen
One
Dearborn Square. Suite
550
Kankakee,
II. 60901
815933
3385
Fax 933
3397
L.
Patrick Power
956 North Fifth Avenue
Kankakee,
II 60901
8159376937
Fax
937 0056